FULCHAND MOHANLAL Vs. HARILAL NANSA

JUDGEMENT

(1.) The plaintiffs sued for a declaration that they had a right to manage the suit Wadi, to let it to tenants and to realize the rent, that defendants Nos. 1 and 2 had not such a right, and to get a permanent injunction against them and to restrain them from making any such use.

(2.) The plaintiffs alleged that they and defendants Nos. 1 and 2 belonged to the Modh Ganchi caste of Kalupur Panchpura, and that the caste owned the suit Wadi There was a caste meeting convened on December 12, 1920, to pass some resolutions in respect of the caste, as defendants Nos. 1 and 2 and one Vallabh had unauthorizedly got the management and did not submit accounts, and the property had been wasted. They further alleged that the caste entrusted the vahivat of the property to the defendants, and they were bound to hand it back to the plaintiffs in accordance with the caste resolutions,

(3.) Defendants Nos. 1 and 2 contended that two factions existed in the caste, that the plaintiffs faction had no right to have the management, and that the jurisdiction of the Court was excluded.